Architecture and Public Policy

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CIS explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to those changes. This work has lead us to analyze the issue of network neutrality, perhaps the Internet's most debated policy issue, which concerns Internet user's ability to access the content and software of their choice without interference from network providers.

I've had a lot of positive feedback for the Intermediary Liability 101 slides I shared back in 2018, so I thought I'd post these updated ones now. They are based on a deck I presented to a European policymaking audience last month. Their focus tilts toward European examples -- but many of the issues captured here are universal. This version also has a longer section toward the end listing emerging issues and ideas (again, with a European lens). Read more about Intermediary Liability 101: An Update for 2020

This blog post will briefly discuss the ruling’s relevance for future EU legislation, and in particular for the Terrorist Content Regulation. TL;DR: Glawischnig-Piesczek does not discuss when a filtering order might be considered proportionate or consistent with fundamental rights under the EU Charter. It only addresses the eCommerce Directive, holding that a monitoring injunction is not “general” — and thus is not prohibited under the Directive — when it “does not require the host provider to carry out an independent assessment” of filtered content. This interpretation of the eCommerce Directive opens the door for lawmakers to require “specific” machine-based filtering. But it seemingly leaves courts unable to require platforms to bring human judgment to bear by having employees review and correct filters’ decisions. That puts the eCommerce Directive in tension with both fundamental rights and EU lawmakers’ stated goals in the Terrorist Content Regulation. Read more about The CJEU’s new filtering case, the Terrorist Content Regulation, and the future of filtering mandates in the EU

“Since the dawn of time, any tool can be used for good or ill. Even a broom can be used to sweep the floor or hit someone over the head. The more powerful the tool, the greater the benefit or damage it can cause. While sweeping digital transformation holds great promise, the world has turned information technology into both a powerful tool and a formidable weapon” --- from Tools and Weapons Read more about Tool Without A Handle: “Book Review: Tools and Weapons”

On Tuesday, the D.C. Circuit Court of Appeals issued a ruling on the challenge to the FCC’s 2017 net neutrality repeal. The ruling barely upheld the repeal, but sent it back to the FCC for failure to deal with public safety and for deficiencies related to Lifeline subsidies and access to utility poles by broadband-only providers.Read more about Court Decision Clears Way for State Net Neutrality Laws